Parents, faith-based schools argue in court that GSAs spread harmful 'gender ideology'

Parents and faith-based schools were in the Alberta Court of Appeal onMonday in their ongoing fight against a lawthat lets students participate in gay-straight alliances (GSAs) without theschool notifying their parents.

The Justice Centre for Constitutional Freedoms which represents parents, parental rights groups and faith-based schools had requesteda temporary injunction, pending a review of the constitutionality of Bill 24.

That injunction was struck down in June, so now the Justice Centre is appealing that decision at Alberta's highest court.

• Alberta judge dismisses bid to place gay-straight alliance law on hold
• 'Ideological sexual clubs': Alberta gay-straight alliance law faces court challenge

The bill blocks schools from informing parents if students join peer groups because it could potentially "out" them to unaccepting, or even abusive, guardians. But the Justice Centre argues the bill violates parents' charter rights, including freedom of religion and expression, by keeping them out of the loop.

"It's not lawful, it's not constitutional, to require schools to restrict information from parents about small children. Full stop," saidJay Cameron, a lawyer with the Justice Centre.

"If you're going to prevent parents from knowing what's going on with their children, you have to take safeguards to make sure those kids are safe ideologically, psychologically, physically."

Alberta Court of Queen's Bench JusticeJohnnaKubiksaid in her June decision that the coalition had failed to prove the law would have caused irreparable harm.

The coalition had saidthat GSAs are "ideological sexual clubs," where graphic information and materials aremade available to students. But Kubik refuted that.

"There is no evidence that any of these materials were ever promoted by the respondent or GSAs generally or that the materials ever came into the hands of any students through aGSA," Kubikwrote.

'Sometimes it's not that safe'

In the coalition's appeal, it arguesthat children could be harmed by exposure to "'gender ideology' in the absence of parental oversight."

ButPam Krause, CEO of the Centre forSexuality, said GSAsmerely provide safe and inclusive environments for students.

"The No. 1 thing that students want to work with us on is how to come out to their families. Nobody is trying to hide anything from anyone. But sometimes it's not that safe. And once in a while the family is not the safe place," Krause said.

"What we do in all of our work in our organization is tryto help parents and youth be able to talk about really difficult issues together so that actually they have a really good, trusting relationship with each other."

Krause said the average GSA is just a handful of students meeting together to eat during their lunch break.

"These are young people who literally have nowhere else to go," she said.

So far, 28 schools have not complied with the bill some of which are members of the coalition challenging it.

• Alberta education minister threatens to pull funding for 28 private schools over GSAs

Alberta's education minister has threatened to pull funding from the private schools if they don't comply with the legislation to permit GSAsby June of next year.

The challenge against Bill 24 gained some notoriety last month, after the lawyer behind the charter challenge publicly compared LGBTQ pride flags to Nazi swastikas. John Carpay later apologized.

• Calgary lawyer challenging gay-straight alliance bill compares pride flags to swastikas

The panel has yet to set a date for when it will issue a decision on the appeal.

The following schools and groups are part of the coalition behind the challenge:

• The Universal Education Institute of Canada.
• Headway School Society of Alberta.
• The Canadian Reformed School Society of Calgary.
• Gobind Marg Charitable Trust Foundation.
• Congregation House of Jacob Mikveh Israel.
• Khalsa School Calgary Education Foundation.
• Central Alberta Christian High School Society.
• SaddlelakeIndian Full Gospel Mission.
• St. Matthew Evangelical Lutheran Church of Stony Plain.
• Calvin Christian School Society.
• Canadian Reformed School Society of Edmonton.
• Coaldale Canadian Reformed School Society.
• Airdrie Koinonia Christian School Society.
• Destiny Christian School Society.
• Koinonia Christian School Red Deer Society.
• Covenant Canadian Reformed School Society.
• LacombeChristian School Society.
• PonokaChristian School.
• ProvidenceChristian School Society.
• Living Waters Christian Academy.
• NewellChristian School Society.
• Slave Lake KoinoniaChristian School.
• Yellowhead KoinoniaChristian School Society.
• The Rimbey ChristianChristian School.
• Living TruthChristian School Society.
• LighthouseChristian School Society.
• DevonChristian School Society.
• LakelandChristian School Society.
• 40 Mile Christian Education Society.
• High Level Christian Education Society.
• Parents for Choice in Education.
• Association ofChristian Schools International Western Canada.

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